Court No. - 49
Case :- CRIMINAL MISC. WRIT PETITION No. - 10806 of 2018 Petitioner :- Mahesh Chand Respondent :- State Of U.P. And 3 Ors. Counsel for Petitioner :- Arpit Agarwal Counsel for Respondent :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the petitioner and learned AGA for the State.
The present petition has been filed to stay the operation and effect of the impugned order dated 26.02.2016 under Section 145(1) Cr.P.C. in Case No. 15 of 2016 (Satish Chand Vs. Mahesh Chand) and order dated 04.04.2018 under Section 146(1) Cr.P.C. in Case No. 14 of 2017 (Satish Chand Vs. Mahesh Chand) and further seeking direction to the respondents not to interfere in the possession of the petitioner on the land in dispute.
Learned counsel for the petitioner submits that while proceedings under Section 145 Cr.P.C. had been instituted by the respondent no. 2 with respect to 0.405 hectare of land, vide his order dated 04.04.2018 under Section 146(1) Cr.P.C., the S.D.M., Sadabad, Hathras has attached the entire holding of 1.493 hectares of land.
It is further submitted that the police report in pursuance whereto the present order has been passed is of date 02.02.2016 and there was no material to suggest that there was a risk of breach of peace due to long passage of time from the time when the police report was submitted, till the order under Section 146(1) Cr.P.C. has been passed.
It is also submitted that the S.D.M., Sadabad, Hathras has erred in exercising power under Section 146(1) Cr.P.C., at such late stage, when the proceedings under Section 145 Cr.P.C. had remained pending for more than two years.
Another illegality has been alleged insofar as it is stated that while the gram pradhan was appointed 'supurdgar', the custody of the property has been handed over to her husband.
Considering the above nature of objections raised by learned counsel for the petitioner, no useful purpose would be served in keeping the present petition pending any further or by issuing notice to the respondent no. 2, as it would result in further delay.
Proceedings under Section 145/146 Cr.P.C. being summary in nature for limited purpose of preserving peace & tranquility, the present petition is disposed of with the direction that in case, the petitioner files a detailed objection to the order dated 04.04.2018 within a period of one week from today along with a certified copy of this order, the S.D.M., Sadabad, Hathras shall ensure to decide the same within a further period of two weeks therefrom.
For a period of four weeks from today, the parties shall maintain status quo as on date.
In case, the objections proposed to be filed by the petitioner are rejected, the petitioner will have further right to approach this Court, at this stage.
Order Date :- 27.4.2018 A. Singh